Legal Question in Criminal Law in California

asset forfeiture whats that mean ?and how do i know if that is pertaining to me or my case ?//my arraiment is tommrow


Asked on 12/18/12, 12:46 pm

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

It means they are intending to keep your money (or property) as part of this case, thinking that it was obtained through illegal means. Your lawyer (you absolutely need one) can look into this further.

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Answered on 12/18/12, 1:10 pm
Terry A. Nelson Nelson & Lawless

It means that if you are arrested for large sales of drugs,weapons or other listed contraband, in some circumstances all your assets, like bank accounts, vehicles and houses can be seized by the govt and sold.. If you think this applies to your crime, you'd better be hiring an experienced attorney now. If serious about doing so, feel free to contact me.

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Answered on 12/18/12, 2:49 pm
Brian McGinity McGinity Law Office

This is a very serious situation. I agree completely with Mr. Dane and Mr. Nelson. There is no doubt about it, you need an attorney. The Judge will ask you at the arraignment if you have an attorney. If you have one, tell the Judge, otherwise they will ask if you would like a public defender appointed. You need to ask the court/Judge for extra time to get an attorney. It called a continuance.

Stop wasting time and get an attorney.

The information provided in this answer should not be considered legal advice.

Good luck

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Answered on 12/18/12, 5:57 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

I agree with all of the above. If the government is going to keep your assets (often, but not always, limited to what they seize at the time you are arrested) they need to give you notice (this may happen at your arraignment) and then if you want your assets back you will have to sue the government. Don't ask if this is fair. It is not but its the law. If you get a public defender they will not be able to help you on this matter since it is considered civil. There are numerous pros and cons to attempting to get your property back. You should have an experienced criminal defense attorney with asset forfeiture experience if your assets are being seized. There are lots of deadlines involved in asset forfeiture actions and you need to take action immediately if you receive notice of forfeiture.

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Answered on 12/18/12, 11:04 pm


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